DIA(LEGAL) - EMPLOYEE WELFARE: FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION

Note: This policy addresses the prohibition against discrimination, harassment, and retaliation with respect to compensation, terms, conditions, or privileges of employment. For legally referenced material relating to the prohibition against discrimination in hiring and discharging employees, see DAA(LEGAL).

Unlawful Employment Discrimination

  1. Race, color, or national origin;
  2. Religion;
  3. Sex;
  4. Age;
  5. Disability; or
  6. Genetic information [see DAB].

Federal Law

Note: Title VII, the ADA, and GINA do not apply to employers unless the employer has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. 42 U.S.C. 2000e(b); 42 U.S.C. 12111(5); 42 U.S.C. 2000ff(2)(B)

State Law

Prohibition on Retaliation

Harassment-Free Workplace

Sexual Harassment

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
  2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Same-Sex Harassment

Criminal Offense—Official Oppression

Unpaid Interns

National Origin Harassment

  1. Has the purpose or effect of creating an intimidating, hostile or offensive working environment;
  2. Has the purpose or effect of unreasonably interfering with an individual's work performance; or
  3. Otherwise adversely affects an individual's employment opportunities.

Severe and Pervasive

Prevention

Responsibility for Harassment by Third Parties

  1. That the district exercised reasonable care to prevent and promptly correct any harassing behavior; and
  2. That the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.

Religious Discrimination

Burden on Free Exercise

Sex Discrimination

Pregnancy

Gay and Transgender

Gender Stereotypes

Age Discrimination

Bona Fide Employee Benefit Plan

Disability Discrimination

Discrimination Based on Lack of Disability

Definition of Disability

  1. An actual disability: a physical or mental impairment [see definition, below] that substantially limits one or more of an individual's major life activities;
  2. A record of having such an impairment; or
  3. Being regarded as having such an impairment.

"Regarded as" Having an Impairment

Transitory and Minor

Mitigating Measures

Other Definitions

Physical or Mental Impairment

  1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or
  2. Any mental or psychological disorder, such as an intellectual disability (formerly termed "mental retardation"), organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Major Life Activities

Qualified Individual

  1. Satisfies the requisite skill, experience, education, and other job-related requirements of the employment position such individual holds or desires; and
  2. With or without reasonable accommodation, can perform the essential functions of such position. Consideration shall be given to a district's judgment as to what functions of a job are essential. A written job description prepared before advertising or interviewing applicants for the job is evidence of the job's essential functions.

Reasonable Accommodations

  1. Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
  2. Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

Discrimination Based on Relationship

Illegal Drugs and Alcohol

Drug Testing

Alcohol Use

Qualification Standards

Direct Threat to Health or Safety

Vision Standards and Tests

Communicable Diseases

Service Animals

Title IX

Equal Pay

Grievance Procedures

Section 504

ADA

Title IX

Compliance Coordinators

Section 504

ADA

ADEA

Title IX

Richardson ISD

DIA(LEGAL)-P

UPDATE 116

DATE ISSUED: 1/19/2021